Hendersonville 2nd DUI Lawyer

Hendersonville 2nd DUI Attorney

Driving is an essential part of most Hendersonville residents’ lives. Without the ability to drive, you might find it difficult to go about the necessary tasks in your everyday life. If you are charged with a second DUI, you risk getting your license suspended for a long period of time, so you should reach out to a Hendersonville 2nd DUI lawyer to address the charge.

Our dedicated DUI defense team at Edwards Law, PLLC, has extensive experience standing up for Hendersonville drivers who are facing all kinds of DUI charges. We firmly believe that you should not have to handle your charges by yourself and that the way to a positive outcome is by putting your trust in a seasoned legal professional. When you consult with us about your case, you can ease your mind during this stressful time.

What Is a DUI?

If you are found driving under the influence of alcohol or other mind-altering substances in Hendersonville, NC, you can be charged with a DUI. This is sometimes also called a DWI for driving while intoxicated. In the United States, if you are over the age of 21, then your blood alcohol content (BAC) must be below 0.08. If you are below the age of 21, then it is illegal for you to purchase or consume alcohol, so your BAC while driving must be 0.00.

What Is an Aggravated DUI?

All it takes to get an average DUI charge is to drive with a BAC that is above the legal limit for people in your age group. However, there are several aggravating factors that could leave you facing an aggravated DUI charge. If any of these factors pertain to your situation, then you should anticipate a felony DWI charge and an even harsher punishment:

• You hurt or killed another person while driving.
• Your license was revoked, but you drove anyway.
• You had a person who was under the age of 18 in your vehicle.
• Your BAC was 0.15 or higher.
• You were driving recklessly and putting those around you in danger.
• You tried to avoid law enforcement officers when they pulled you over.

What Are the Penalties for a 2nd DUI in Hendersonville?

The punishments you can expect to face for a second DUI will be harsher than those for a first DUI charge. The state of North Carolina ranks DUI charges on 6 levels.

The level that you are charged with will depend on your previous history of DUI convictions as well as any aggravating factors from your unique situation. For your second charge, you can typically expect to face a Level 2 DWI punishment if you have no aggravating factors.

Aggravated Level 1

• You have to pay fines of up to $10,000.
• You will have to spend between 1 and 3 years in jail without parole.
• You might permanently lose your driver’s license.

Level 1

• You pay up to $4,000.
• You go to jail for a period between 30 days and 24 months.
• You lose your driver’s license for anywhere from 1 year to forever.

Level 2

• Have to pay up to $2,000.
• Spend between 7 days and 1 year in prison.
• Lose your driver’s license for 1 year.

Level 3

• You pay up to $1,000.
• You go to jail for up to 6 months.
• You have limited driving privileges.

Level 4

• You face fines of $500.
• You go to jail for up to 120 days.
• You have limited driving privileges.

Level 5

• You have to pay a fee of $200.
• You spend up to 60 days in jail.
• You have limited driving privileges.

How Can a DUI Defense Lawyer Help?

If you are facing your second DUI offense, you can benefit from the legal advice of a DWI attorney. Your attorney can review all the facts of your previous conviction and the current charges you are facing. After a careful review of the situation at hand, your lawyer can advise you on whether you should plead guilty or not guilty. Reasons why your DUI attorney might advise you to plead not guilty in a DUI case and craft a DUI defense include: 

• You took medication that interferes with your breathalyzer test.
• Your breathalyzer test was not administered properly.
• Your constitutional rights were violated.

If your criminal lawyer advises you to plead guilty, they can then step in and work tirelessly on negotiating a sentence that has the least possible impact on your life. For instance, your lawyer might be able to reduce your sentence by doing the following actions and more:  

• Highlight your clean driving record.
• Demonstrate your commitment to volunteer in a drug or alcohol treatment program.
• Emphasize that you had a low BAC during the incident.
• Draw on character references that highlight your good behavior.
• Propose your participation in traffic safety courses.

You should also never underestimate the benefits of having the consistent, personalized guidance and support of a legal professional during this time. If you are facing your second DUI charge, you might lose credibility in your personal and professional relationships. You might also be confused about how to approach the complex legal process ahead of you. Fortunately, your lawyer can help you with emotional support and guidance as you navigate your DUI case.

FAQs About Hendersonville, NC 2nd DUI Law

How Long Do You Go to Jail After a Second DUI in NC?

The amount of time that you go to jail for a second DUI in North Carolina will depend on the circumstances of your case and the level you are charged with. Typically, you can expect to spend between 7 days and 1 year behind bars. An experienced DUI attorney can work to lower your sentence, possibly enabling you to avoid jail.

How Much Is a DUI Fine in NC?

Your DUI fine will depend on whether there were aggravating factors in your situation. If you killed someone, for example, you can anticipate fines of up to $10,000. If there were no aggravating factors and it was your second offense, you can expect to pay up to $2,000.

How Much Does a Lawyer Cost for a DUI in North Carolina?

Different DUI lawyers will charge you different amounts depending on their reputation, experience, and what you need help with. Generally, a seasoned and reputable attorney will cost around $2500. When you have an initial consultation with your attorney, they can help you understand how much their legal support might cost.

Is Jail Time Mandatory for a 2nd DUI in NC?

While jail time is not always mandatory, you can typically expect to spend a short period of time in jail after your second DUI offense. Your lawyer can review the facts of your case and determine what your sentence might be. They can also work to reduce or eliminate the time you may spend in jail.

Determined Hendersonville 2nd DUI Lawyer

If you are looking at your second DUI charge in Hendersonville, you can expect to face harsher penalties than you faced with your first conviction. This means that you need to find a hard-working legal professional who can fight for your rights while crafting a strong defense. From standing up to the charge to working on securing you a light sentence, there is no end to the list of ways the right attorney can be of service to you.

At Edwards Law, PLLC, we are proud to stand up for Hendersonville residents. Doug Edwards has more than a decade of experience fighting against criminal charges and has an in-depth understanding of our complex criminal justice system. If you are considering hiring a lawyer, you can consult with us in a no-pressure consultation about your specific situation. Do not hesitate any longer; reach out to our office today.